Min v. United States of America

Filing 15

REPORT AND RECOMMENDATIONS re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by John Min, 14 Agreed Stipulated MOTION for Voluntary Dismissal of Habeas Action filed by John Min. Noting Date 4/23/2012, by Hon. Brian A Tsuchida. (Attachments: # 1 Proposed Order, # 2 Proposed Judgment Order)(GS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 JOHN MIN,

Petitioner,

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v.

11 UNITED STATES OF AMERICA,
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Case No. C11-647-JCC-BAT
CR09-0083-JCC
REPORT AND
RECOMMENDATION

Respondent.
John Min filed a pro se 28 U.S.C. § 2255 motion in which he sought to vacate the 48-month

14 sentence he received after pleading guilty to wire fraud. Dkt. 1 The Court previously dismissed
15 four of the five claims Mr. Min raised. Dkt. 12. However, as to Mr. Min’s claim that his trial
16 lawyer was ineffective by failing to file a notice of appeal, the Court ordered an evidentiary
17 hearing and appointment of counsel. Id.
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On March 5, 2012, Assistant Federal Public Defender John Carpenter was appointed to

19 represent Mr. Min. On April 20, 2012, Mr. Min and the United States filed a stipulated motion
20 for voluntary dismissal without prejudice. Dkt. 14. In his motion, Mr. Min indicates he no
21 longer wishes to proceed with the action and acknowledges that dismissing this case without
22 prejudice will not excuse Mr. Min from complying with the applicable statute of limitations.
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Based on the parties’ stipulated motion to dismiss the matter and the record in this case, the

REPORT AND RECOMMENDATION - 1

1 Court recommends:
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(1)

GRANTING the stipulated motion to dismiss the matter without prejudice (Dkt. 14);

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(2)

STRIKING the evidentiary hearing currently set for June 19, 2012;

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(3)

If this recommendation is adopted, it should be approved immediately.

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A proposed order accompanies this Report and Recommendation. The Clerk shall provide

6 the parties and the Honorable John C. Coughenour a copy of this Report and Recommendation.
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DATED this 23rd day of April, 2012 .

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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REPORT AND RECOMMENDATION - 2